Senate
File
2201
-
Reprinted
SENATE
FILE
2201
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3079)
(As
Amended
and
Passed
by
the
Senate
February
25,
2014
)
A
BILL
FOR
An
Act
relating
to
kidnapping,
and
providing
penalties.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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2201
Section
1.
Section
710.3,
Code
2014,
is
amended
to
read
as
1
follows:
2
710.3
Kidnapping
in
the
second
degree.
3
1.
Kidnapping
where
the
in
the
second
degree
is
any
of
the
4
following:
5
a.
Where
the
purpose
of
the
kidnapping
is
to
hold
the
victim
6
for
ransom
or
where
the
.
7
b.
Where
the
kidnapper
is
armed
with
a
dangerous
weapon
8
is
kidnapping
in
the
second
degree.
Kidnapping
in
the
second
9
degree
is
a
class
“B”
felony
.
10
c.
Where
the
victim
of
the
kidnapping
is
under
eighteen
11
years
of
age
other
than
a
kidnapping
by
a
relative
whose
sole
12
purpose
of
the
kidnapping
is
to
assume
custody
of
the
victim.
13
2.
For
purposes
of
determining
whether
the
person
should
14
register
as
a
sex
offender
pursuant
to
the
provisions
of
15
chapter
692A
,
the
fact
finder
shall
make
a
determination
as
16
provided
in
section
692A.126
.
17
3.
Kidnapping
in
the
second
degree
is
a
class
“B”
felony.
18
Sec.
2.
Section
710.4,
Code
2014,
is
amended
to
read
as
19
follows:
20
710.4
Kidnapping
in
the
third
degree.
21
1.
All
other
kidnappings
are
kidnappings
in
the
third
22
degree.
Kidnapping
in
the
third
degree
is
a
class
“C”
felony
23
except
as
provided
in
subsection
2
.
24
2.
a.
If
a
person
is
convicted
of
kidnapping
in
the
third
25
degree
and
the
person
has
a
previous
conviction
for
kidnapping,
26
the
person
is
guilty
of
a
class
“B”
felony.
27
b.
In
determining
if
a
violation
charged
is
a
previous
28
conviction
for
purposes
of
criminal
sentencing
under
this
29
subsection,
a
conviction
in
this
state
or
under
statutes
30
substantially
corresponding
to
this
section
in
another
state,
31
or
in
a
federal,
military,
tribal,
or
foreign
court,
shall
be
32
counted
as
a
previous
conviction.
A
previous
conviction
also
33
includes
a
juvenile
who
has
been
adjudicated
delinquent
but
34
whose
juvenile
court
records
have
been
sealed
under
section
35
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S.F.
2201
232.150,
a
juvenile
prosecuted
as
an
adult,
and
a
person
who
1
has
received
a
deferred
sentence
or
deferred
judgment.
2
3.
For
purposes
of
determining
whether
the
person
should
3
register
as
a
sex
offender
pursuant
to
the
provisions
of
4
chapter
692A
,
the
fact
finder
shall
make
a
determination
as
5
provided
in
section
692A.126
.
6
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